UPC CoA 121/2026

Vor dem UPC: Academy of Military Medical Sciences (5 Verfahren)·Gilead Sciences, Inc. (5 Verfahren)

• 2026-09-18
  AppealÖffentlich

  Zusammenfassung: The Court of Appeal (standing judge) rejected AMMS's appeal against the Milan Central Division's cost decision ordering it to pay Gilead EUR 800,000 in recoverable costs within four weeks. Art. 74(2) UPCA automatic suspensive effect of an appeal against a revocation decision does not extend to the separate cost decision, and the CFI did not exceed its discretion in refusing a stay under R. 295 RoP or payment by instalments.

  Rechtsfragen anzeigen (4)

  • Scope of automatic suspensive effect under Art. 74(2) UPCA
  • Cost decision is separate from the revocation decision (R. 150 ff RoP)
  • Stay of cost proceedings under R. 295 RoP
  • Payment of recoverable costs by instalments (R. 156.3 RoP)
• 2026-08-04
  AppealÖffentlich

  Zusammenfassung: The standing judge of the Court of Appeal granted AMMS leave to appeal against the cost order of the Milan Central Division of 10 July 2026 but rejected its application for suspensive effect. AMMS had not evidenced exceptional circumstances, merely restating its grounds of appeal, and had not shown that its interest in withholding payment outweighed Gilead's interest in enforcement.

  Rechtsfragen anzeigen (3)

  • leave to appeal a cost decision (R. 157, R. 221 RoP)
  • suspensive effect requires exceptional circumstances (Art. 74(1) UPCA, R. 223 RoP)
  • automatic suspensive effect under Art. 74(2) UPCA does not extend to a separate cost determination